Manchester City Council (22 015 010)
Category : Environment and regulation > Antisocial behaviour
Decision : Closed after initial enquiries
Decision date : 28 Feb 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of Ms X’s request for a further Anti-Social Behaviour (ASB) Case Review. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
The complaint
- The complainant, who I refer to as Ms X, says the Council did not speak to her to establish the facts of her case or to ascertain her full complaint in connection with her request for a further ASB Case Review. She says it failed to take her disability into account or make any reasonable adjustments.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council, including its response to her complaint.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X complained to the Council about matters concerning her request for a second ASB Case Review.
- The Council addressed the issues she raised but it did not uphold her complaint, finding no fault in the way officers had dealt with her.
- Ms X alleges the Council failed to take her disability into account and did not make any reasonable adjustments for her. However, the Council was proceeding with arranging the Case Review until Ms X decided not to engage further with the process. It is open to Ms X to re-engage with the Council on this matter and to make clear what her concerns are, including any reasonable adjustments she would like the Council to consider.
- Ms X referred to corruption in her complaint to the Council but there is no evidence to support this allegation and if Ms X has any, she can present this to the police.
- We do not investigate every complaint we receive and in this case there is no evidence to suggest fault by the Council sufficient to warrant an investigation. It is open to Ms X to proceed with the ASB Case Review if she so wishes.
Final decision
- We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman